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I came to the USA as a minor and my US Passport has the wrong birthdate, now what?

Apr 09 2021

It is a challenge to fix a wrong date of birth on a US Passport. However, there are several options that may be available to you.

First, if the error was due to a typographical error/clerical error by USCIS (not by you or your family), then your Certificate of Naturalization or Certificate of Citizenship may be replaced by filing a Form N-565 (Application for Replacement Naturalization/Citizenship Document) with the necessary proof. You may then use the replacement document to obtain a US passport with the correct date of birth.

However, in most cases, the problem with the birthdate is usually due to an error by the parent or other preparer of the child’s initial application. In these cases, the remedy depends on how the child later obtained the US citizenship.

For example, sometimes children born abroad obtain US citizenship automatically. These children may have obtained a US Passport as proof of their automatically acquired US citizenship but never applied or submitted an N-600 Application for Certificate of Citizenship. In these situations, the child may be able to file for a Certificate of Citizenship (for the very first time), with proof of the correct birthdate, and then apply for a new US Passport once the document is obtained.

Other situations arise where a foreign-born child obtains a Certificate of Citizenship either before or after applying for a U.S. passport. Assuming that the original Certificate of Citizenship has an incorrect birth date, the child may be able to apply for a replacement certificate. To do so, he or she must submit a Form N-565 after obtaining a court order or other state-issued document with the correct date of birth. Having obtained a new Certificate of Citizenship, he or she can apply for the new US Passport.

Finally, there are situations where a child, after reaching the age of majority, applies to naturalize by filing a Certificate of Naturalization (N-400). Unfortunately, USCIS cannot make any changes to a Certificate of Naturalization where a person themselves submitted incorrect information on an application, and then later swore to the facts of the application by signing.

So, while there are situations where the date of birth on a US Passport or in the records of other government agencies such as the social security office can be corrected, it depends on how the citizenship was obtained. Of course, your situation may be different and we encourage you to make an appointment today with us or another knowledgeable immigration lawyer.

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Adam G. Linett

Adam G. Linett, the founding member of A.G. Linett & Associates, PA, enjoys practicing law as a trial lawyer. After graduation from Duke Law School in 2000, he moved to New York where his work primarily focused on defense litigation and appellate work in a number of jurisdictions across the United States.